Wednesday, July 16, 2008

OPR opens an investigation of alleged misconduct filed by small company against USA Alice Martin.



Scott Horton of Harper Magazine wrote an Op-Ed article titled Has a "U.S. Attorney Knowingly Prosecuted Innocent People”? which targets various aggressive prosecutions of Martin. Why is Martin still employed at the U.S. Attorney Office in Alabama?

Law.com:
In March 2007 the U.S. government charged Axion Corp., a small business in Huntsville, Ala., with illegally giving technical drawings for a Blackhawk helicopter part to manufacturers in China. The prosecutors seized Axion's assets and took away its government contract business. The company won an acquittal at trial a year later, but by that time, it was out of business.


Axion is the latest in a string of aggressive prosecutions brought by Birmingham U.S. Attorney Alice Martin. Those prosecutions are marked by convictions overturned and innocent men wronged. Two judges have openly questioned whether she knowingly prosecuted innocent people. The American Lawyer has learned that the U.S. Department of Justice's Office of Professional Responsibility has opened an investigation into allegations of misconduct that were made by Axion against Martin.

More from ABA Journal:
The
Birmingham News and USA Today are also reporting on the investigation of Martin, the U.S. attorney for the Northern District of Alabama. Axion lawyer Henry Frohsin told the Birmingham News he filed a complaint against Martin with the Justice Department and he was told an investigation had been opened. Martin said she had not seen the complaint and could not comment. In an earlier interview she said anyone can file a complaint with OPR.
The complaint says Martin and two of her deputies allegedly told defense lawyers that their goal was to put the company owner out of business whether or not he was convicted, USA Today reports.

KEY DATES IN THE CASE
2003
Early September: Axion secretary Elizabeth Lemay begins forging CEO Alex Latifi's signature on company checks made out in her name.
Oct. 29: Army begins investigating Axion after receiving a tip from a confidential informant, later identified as Lemay.

2004
Jan. 13: Axion submits two test reports on Army contracts, which prosecutors say were frauds.
Feb. 6: Lemay is fired after Latifi learns of forgeries totaling $12,730.
April 13: Federal agents search Latifi's home and business.


2005
August: Grand jury hears testimony.


2006
June 7: Federal agents execute second search warrant at Latifi's home and business and freeze $2.5 million in assets.

2007
March 30: U.S. Attorney Alice Martin announces indictment of Latifi and Axion on six counts of export-control violations and filing false test reports.
Oct. 30: Ending a one-week trial, U.S. District Judge Inge Johnson dismisses all charges.
Dec. 28: Justice Department publicly confirms that Latifi and Axion have been reinstated as government contractors "in good standing."
2008


April 2: Judge orders government to reimburse Latifi for nearly $364,000 in attorneys' fees.





No comments: